(1.) Admit. Heard learned counsel for the parties at length.
(2.) The facts giving rise to this second appeal are that the appellant is the legal representative of the original plaintiff. It is the case of the plaintiff that on 28.12.1995, he had purchased land admeasuring 4 Acres from field Survey No.25 situated within the municipal limits of Amravati. The saledeed was got executed through his registered Power of Attorney holder. On paying consideration of Rs.2,10,000/ the saledeed was executed and the plaintiff was put in possession. A portion of the land encroached by defendant nos.1 and 2 was also taken in possession. On 23.11.2002, the plaintiff measured his land and it was noticed that the defendant no.1 had committed encroachment to the extent of 35 R from the Southern side while the defendant no.2 who was related to the defendant no.1 had encroached about 3 R land also from the Southern side. The plaintiff made request to the defendant nos.1 and 2 to remove the encroachment but no steps were taken in that regard.
(3.) In the written statement filed by defendant no.1 the case as pleaded by the plaintiff was denied. The defendant no.1 claimed title on the basis of saledeed dated 17.04.1969 executed by one Vitthalrao Nanwatkar. The defendant no.2 was stated to have acquired title by virtue of saledeed dated 02.11.1977 executed by one Shantabai Jaiswal.